Last Update 20 August 2012. The procedure for resolving disputes concerning domain names registered under the ccTLD. Bo, shall be governed by this Policy Regulation dispute concerning domain names registered under the ccTLD. Bo (hereinafter the "Regulations ") and the WIPO Supplemental Rules for Conflict Resolution respective accredited by the Administrator (Agency for the Development of Information Society in Bolivia ADSIB ï ¿½), (the" Supplemental Rules ").
I. GENERAL PROVISIONS
Article 1. (Definitions) .- In this Regulation shall apply:
Registration Agreement: A set of rules, terms and conditions governing the relations of registration and use of a domain name registered under the ccTLD. bo, between the Administrator and the owner the domain name.
Administrator: Agency for the Development of Information Society in Bolivia ADSIB, institution responsible for the registration and administration of domain names registered under the ccTLD. bo.
Dispute Resolution Center: Legal entity that provides dispute resolution services accredited by the Administrator to administer and conduct disputes concerning domain names registered under the ccTLD. bo.
Expert Group: Group of experts in matter, appointed a Dispute Resolution Center accredited by the Administrator, to resolve a dispute resolution request on registered domain names under ccTLD. bo.
Member of the Group of Experts: Natural person appointed by the Resolution Center Disputes to be part of the Group of Experts.
Domain Name: unique alphanumeric combination used to identify an Internet service or Web page. Represents an identifier common to a group of computers or devices connected to the network. It is a simple Internet address designed to allow users to easily locate a site on the Internet. Parties: Complainant and the domain name holder registered under the ccTLD. bo in dispute.
Policies applicable: Refers to Policy Domain name registration under ccTLD. bo and dispute resolution policy on registered domain names under ccTLD. bo.
Procedure: The set of rules and regulations governing the actions of people interested in settling a dispute on registered domain names under ccTLD. bo.
Complainant: A person who files an application for dispute resolution before a Dispute Resolution Center on domain names in accordance with this procedure.
Additional Rules: The rules adopted by the Dispute Resolution Center which runs a procedure. The Center's Supplemental Rules resolution shall be consistent with the dispute resolution policy on registered domain names under ccTLD. Bo and these regulations. Holder of a domain name: Person that owns a name domain to the Administrator.
Article 2. (Communications)
A. When reporting a dispute resolution request on registered domain names under ccTLD. bo the holder of the domain name will be the responsibility of the Dispute Resolution Center to employ reasonably available means deemed needed to make this fact is notified. this requirement will be met:
i. the request is sent dispute resolution domain name to all e-mail addresses or fax numbers listed in the data record name domain in the database administrator (ADSIB) for the Domain Name Holder and Contacts Administrative, Financial and Technical.
ii. the request is sent dispute resolution for domain names (including annexes to the extent that are available in electronic format) by email to:
a) The email address of the domain name holder and the Administrative Contact, Technical, and Financial.
b) The email account mail system administrator for this name domain, usually the account "postmaster" under the domain name subject of the request for dispute resolution of domain names, this just in case e-mail accounts mentioned in the preceding paragraph, submit a problem .
iii. The sending of the request for resolution of disputes concerning domain names registered under the ccTLD. bo to any address that the claimant has notified the Dispute Resolution Center as it prefers and, to the extent possible, to all other addresses provided by the complainant to the Dispute Resolution Center pursuant to Section 3.B.
B. Except as provided in Article 2, any written communication to the claimant or the owner of a domain name provided in the present Rules shall be declared elected and the half by the claimant or the domain name holder, respectively (see Articles 3.B.iii and 5.B.iii), or when there is no such statement:
i. By fax transmission, with confirmation of transmission; oo
ii. By mail or courier, postage prepaid and return receipt requested; oo
iii. Electronically via the Internet, as long as they have the record of its transmission.
C. Any communication to the Dispute Resolution Center will be made in the way and manner (including number of copies) stated in the Supplemental Rules Dispute Resolution Center.
D. It shall be made in Spanish.
E. Any Party may update the contact data by notifying the Dispute Resolution Center and the Administrator.
F. It is considered that communications have been made under this Regulation:
i. If they are transmitted by fax on the date set in the confirmation of transmission;
ii. If by postal or courier service, on the date marked on the receipt or charge;
iii. If you have transmitted through Internet / E-mail, the date on which circulation of the communication, provided that the date of transmission is verifiable.
G. All time periods specified in this regulation, started to be calculated from the day after the first date that a communication is established in accordance with Article 2.F. Base is taken as the time zone hours of Dispute Resolution Center chosen.
H. A copy of any communication made:
i. On the Dispute Resolution Center to any other party to the other party;
ii. For a party to the other party and the Dispute Resolution Center, as applicable.
I. It is the responsibility of the sender to retain records of the fact and circumstances of sending, which shall be available for inspection by interested parties and information purposes.
J. In the event that a Party has sent a communication and it has not been received, the party shall promptly notify the Dispute Resolution Center of the circumstances of the notification. Further proceedings concerning the communication and any response is made in accordance with the provisions of the Supplemental Rules Dispute Resolution Center.
II. INITIATION OF PROCEEDINGS
Rule 3. (Application for dispute resolution of domain names registered under the ccTLD. Bo)
A. Any natural or legal person may initiate a dispute settlement procedure by filing a request for resolution of disputes concerning domain names registered under the ccTLD. bo a Dispute Resolution Center authorized by the Administrator (ADSIB) according to the provisions of the policy domain name registration under ccTLD. bo, Dispute Resolution Policy regarding domain names registered under ccTLD. bo and these Regulations.
B. The request for dispute resolution of domain names registered under the ccTLD. bo be submitted in written form and in electronic form (except annexes or evidence not permitted ) specifying the following:
i. The request for a Panel decision in accordance with the Dispute Resolution Policy regarding domain names registered under the ccTLD. bo, this Regulation and the WIPO Supplemental Rules Resolution Disputes,
ii. The names, address, email, and telephone and fax numbers of the claimant and any claimant's representative,
iii. In accordance with the provisions Dispute Resolution Policy on registered domain names under ccTLD. bo, the form chosen for communications directed to the claimant (including contact person, the environment and information about the address) to:
a) strictly electronic documentation and
b) the documentation which include prints,
iv. If the claimant chooses the resolution of disputes concerning domain names are resolved by an Expert Group composed of a single member or three members, should choose the second option, you must specify the names of three experts chosen from the list of the Dispute Resolution Center accredited;
v. The name of the domain name holder and any useful information (including any postal or electronic, as well as phone and fax numbers ) known by the complainant to contact the owner of a domain name or his representative, in sufficient detail to allow the Dispute Resolution Center sent the request for resolution of disputes concerning domain names as indicated in the Article 2A, 2A,
vi. The name or domain names in dispute;
vii. The brand or brands of products or services registered or applied in Bolivia, where the application is based resolution dispute concerning domain names describing the products or services or legally protected interest, if any, with which they are used;
viii. The grounds on which the application is based dispute resolution, in particular: a) The manner in which the name or domain names are identical or similar to the point of creating confusion in a trademark or service on which the complainant has rights;
b) The reasons that should be considered the owner of a domain name has no rights or legitimate interests in the disputed domain name in dispute resolution request,
c) The reasons why you should consider that the name or domain names have been registered or used in bad faith.
ix. In pursuant to the dispute resolution policy on registered domain names under ccTLD. bo, effects that can be obtained with the request for dispute resolution;
x. any administrative, judicial, arbitral or conciliation, which has begun or completed in connection with the domain name or names covered by the application of dispute resolution;
xi. The acceptance of the effects established in the decision of the Dispute Resolution Center, applicable to the cancellation of registration or transfer of ownership of the domain name, including submission to the competent courts for any possible use of a decision ordering the cancellation or transfer of the domain name.
C. The request for dispute resolution should subscribe for the claimant or his representative, including the following statement: "The claimant accepts that the request for dispute resolution of domain names registered under the ccTLD. bo raised and the effects that the Centre for Dispute Resolution adopted pursuant to procedures and regulations affect only the respective domain name holder. These effects shall not apply to:
1. Dispute Resolution Center and members of the Panel, except in case of deliberate wrongdoing,
2. Manager and its directors, officers, employees and trading partners. The claimant acknowledges and accepts that the information contained in the request for dispute resolution of domain names is complete, true and accurate and that the application is not submitted with the intention of bad faith, trying, issue statements are aligned to the content of Regulation
D. The application shall be accompanied by all kinds of tests, including a copy of the registration agreement and dispute policy concerning domain names registered under the ccTLD. bo. All documents and evidence should be numbered or numbered.
E. The request for dispute resolution of domain name can contain more than one domain name, provided that the domain names were registered by the same owner.
F. The application dispute resolution of domain names will be forwarded to the Center for Dispute Resolution in accordance with Article 2 of this regulation. Article
Article 4. (Notifications by the Center for Dispute Resoluciónde after filing dispute resolution)
A. The Dispute Resolution Center will review the request for dispute resolution of domain names to determine if it meets the provisions of the Dispute Resolution Policy regarding domain names registered under the ccTLD. bo and of this Regulation, if so forward the request for dispute resolution (together with the explanatory cover indicated by the WIPO Supplemental Rules Resolution) to the holder of the domain name in the manner prescribed by Article 2A, in a within three (3) days from receipt of the fees that the claimant has canceled in accordance with Article 23.. 22
B. If the Dispute Resolution Center determines that the request for dispute resolution regarding names of domain does not meet the requirements set forth in these regulations notified within a period not exceeding three (3) days to the complainant such breaches. The claimant shall have five (5) calendar days to remedy any default, if the claimant does not remedied by the deadline will be considered withdrawn the request for dispute resolution of domain names, without prejudice to the claimant submits a request for dispute resolution of domain names differently.
C. The date of commencement of proceedings shall be in which the Dispute Resolution Center notifications to the owner make the request for dispute resolution of domain names, according to what is stated in Article 2 of this regulation.
D. The Dispute Resolution Center notify the holder of the domain name, the complainant and the Administrator, the date of initiation.
Article 5. (defense)
A. Within twenty (20) days from the date of commencement of procedure, the domain name holder shall provide to the Dispute Resolution Center a response.
B. The response shall be in writing and (except to the extent that is not available for annexes) in it electronically and shall:
i. respond specifically to the statements and allegations contained in the request for dispute resolution for domain names, including all the reasons why the domain name holder to retain registration and use of the domain name in dispute (this part of the response shall comply with any limitation of words or pages established in the Supplemental Rules Dispute Resolution Center),
ii. provide the name, address and email addresses, and phone numbers and fax the domain name holder and any authorized representative to act on behalf of the owner of a domain name in the procedure. The accreditation of representatives of the holder of a domain name be done through simple letter signed by him;,
iii. specify the means chosen to make the notifications to the domain name holder in the procedure (including the person who has to contact the media and the information on the direction) for each type of: A) purely electronic documents and B) documents including hard copy;
iv. if the claimant has decided in its request for dispute resolution by an Expert Group composed of a single member (see cpr144449003101 Article 3.B.), unlike the domain name holder, who has decided because the dispute decided by a Panel composed of three members,
v. see if the claimant or the domain name holder opt for a Panel of three members, provide the names of the experts chosen and the data to contact them (these candidates must be selected from the roster of the Dispute Resolution Center accredited by the ADSIB) .
vi. identify any administrative, judicial, arbitral or conciliation, which has been commenced or terminated in connection with any domain names the subject of the request for dispute resolution of domain names,
vii. state that has been sent or transmitted to the claimant a copy of the letter of reply, in accordance with Article 2.B,
C. The response shall subscribe for the domain name holder or his representative, including the following statement: "The holder of a domain name certifies and assures that the information contained in this Response is to the best of my knowledge, complete and accurate, that this Response is not presented with any profit in bad faith, and that the assertions in this Response are consistent with the content of this Regulation and the applicable law as it now exists or as it may be extended by a reasonable argument in good faith. "
D. Attach all documentary evidence on which to base a defense properly listed or numbered.
E. If the claimant has chosen because the dispute decided by a Panel composed of a single member and the domain name holder opts for a compound three members, the domain name holder is obliged to pay half the rate applicable to groups of experts composed of three members as provided in the Supplemental Rules of the Centre for Conflict Resolution accredited. Payment is made together with the sending the Response to the Conflict Resolution Center. If that does not make the required payment, a Group of Experts composed of a single member will decide the dispute.
F. At the request of the holder of the domain name, the Center Conflict resolution may, in exceptional cases, extend the period for submission of the defense. The period may also be extended by written stipulation of the parties, provided that the Conflict Resolution Center approval. In all cases within extension shall not exceed 15 days.
G. If the holder of a domain name does not present his defense, as long as there are no exceptional circumstances, the Panel shall decide the dispute based on the request for dispute resolution and the relevant evidence.
Section 6. (Exclusion of Liability)
Except in cases of negligence, or the Administrator, or the Conflict Resolution Center, nor any member of the Panel with respect to any party shall be responsible for all act or omission in connection with any proceeding under this Regulation.
Article 7. (Amendments)
The version of this regulation is in force at the time of filing the request for dispute resolution shall apply to proceedings initiated . Any changes or updates to the Regulations will be issued with a notice of 30 days in the manager page: http://www.nic.bo, so that the domain name holder revealed that suits their interests, after this time without the domain name holder has indicated their interests, changes and modifications will be considered accepted and binding on the parties.
III. THE GROUP OF EXPERTS
Article 8. (Appointment of the Panel) .-
A. The Dispute Resolution Center will maintain and publish a list of Expert Group members and their qualifications, which will be publicly available.
B. If the domain name holder and the complainant have not opted for an Expert Group composed of three members, the Dispute Resolution Center shall, within five (5) days after receipt of the response, or after the period for the submission thereof, a single member of your list of experts. fees of the Group of Experts composed of a single member will be paid in full by the claimant.
C. If the claimant or the holder of a domain name elects to have the dispute decided by a Panel composed of three members, the Dispute Resolution Center appointed three experts to serve on the Panel in accordance with the procedure laid down in Article 8.F of these rules. The fees of the Expert Group composed of three members shall be paid in full by the claimant except when the holder of a domain name who has opted for the Expert Group is composed of three members, in which case the applicable fees will be shared equally by the parties.
D. If you choose a Panel three members, the claimant submitted to Dispute Resolution Center, within five (5) days from the notification of the defense in which the domain name holder opts for an Expert Group composed of three members, the names of the experts selected and the data to establish contact with them.
E. Unless it has already chosen a Panel of three members, the complainant submitted to the Dispute Resolution Center, within five (5) day notice of a defense in which the owner of a domain name opt for a Panel of three members, the names of three candidates to serve as members of the Group Experts and address to contact them. These candidates must be selected from the list of experts from the accredited Dispute Resolution ..
F. If the claimant or the holder of a domain name choose an Expert Group composed of three members, the Dispute Resolution Center will seek to appoint a member of the Expert Group from the list of candidates provided by the claimant and the owner of a domain name. If the center Dispute is unable to guarantee a period of five (5) days under normal conditions the appointment of a member of the Expert Group from the list of candidates of either party, shall make that appointment from its list of experts. The third member of the Panel shall be appointed by the Dispute Resolution Center from a list of five candidates submitted by the Dispute Resolution Center to the parties and the Dispute Resolution Center will select one of these five candidates so as to reach a reasonable balance between the preferences of both parties, as may indicate the Dispute Resolution Center within five (5) days from shipment by the Center for Dispute Resolution parts of the list of five candidates.
G. Once you have appointed all members of the Group of Experts, the Dispute Resolution Center will notify the parties, members of the Panel have been appointed and the date in which, without any exceptional circumstances, the Panel shall submit to the Conflict Resolution Center has taken the decision.
Article 9. (Impartiality and Independence)
Any member of the Panel shall be impartial and independent and, before accepting appointment, disclosed to the Dispute Resolution Center any circumstances that might trigger some justifiable doubt on the impartiality or independence of the member. If at any time of the administrative proceeding, new circumstances arise which may lead to justifiable doubt as to the impartiality or independence of the Expert Group member, that member shall promptly disclose such circumstances to the Dispute Resolution Center. In this case, the latter is empowered to appoint a substitute member of the Group of Experts.
Article 10. (Communication between the parties and the Panel of Experts) .-
No Party or its representatives may have any unilateral communication with the Group of Experts. All communications between a party and the Expert Group were made to the Center for Dispute Resolution in the manner prescribed in the Supplemental Rules Dispute Resolution Center.
IV. Development Procedure
Article 11. (Transfer the case to the Panel)
The Dispute Resolution Center shall transmit the file to the Panel once appointed.
Article 12. (General Powers of the Panel)
A. The Panel held on dispute settlement procedure in the manner it deems appropriate in accordance with applicable policy dispute resolution of domain names registered under the ccTLD. bo, this Regulation and the Rules for Dispute Resolution Center.
B. In all cases, the Panel shall ensure that the parties are treated equally and that each Party is given a fair opportunity to present their case.
C. The Panel shall ensure that the dispute resolution procedure is carried out with due expedition. At the request of a party or on its own initiative, extend in exceptional cases a period fixed by these Rules or the Panel.
D. The Panel shall determine the admissibility, relevance, materiality and weight of the evidence.
E. The Panel will decide on the request of a party seeking to consolidate multiple disputes over domain names under the Policy and these Rules.
Article 13. (Language of the procedure)
A. Unless the parties agree otherwise, the language is Spanish procedure, subject to the authority of the Panel to determine otherwise, taking into account the circumstances of the procedure.
B. The Panel may require parties that the documents submitted in languages other than the language of procedure accompanied by a complete translation into the language of the proceedings.
Article 14. (Other statements)
In addition to the request for dispute resolution of domain names and the defense, the Expert Group, using its discretion, allow or require further statements from the parties.
Article 15. (Views)
There shall be no hearings (including hearings by teleconference, videoconference and web conference), unless the Panel determines, using its sole discretion and in exceptional cases, it is necessary to such a hearing to resolve the dispute.
Article 16. (Default)
A. In the event that a domain name holder, with no exceptional circumstances, does not present its response in accordance with these Rules, the Panel adopted a resolution regarding the request for resolution of disputes concerning domain names.
B. The panel will also adopt a resolution regarding the request for dispute resolution of domain names in the event that a Party, in exceptional circumstances exist, does not respect any of the deadlines established by this Regulation or by the Group of Experts.
C. If a party, with no exceptional circumstances, comply with any provision or requirement under these Rules or any request from the Group of Experts shall draw such conclusions as it considers appropriate .
Article 17. (Closure procedure)
The Panel shall declare the closure of the submission procedure of dispute resolution within ten (10) days after submission and corrected the requirements, if any, as long as it is satisfied that all parties have had a fair and equal opportunity to present their case.
Article 18. (Opportunity for submission of the claim)
Any person, before the close of proceedings may lodge his claim, provided he complied with the requirements or the provisions established by the Panel, or when not having them, correct them have been met. It is understood that the person has withdrawn his claim when breached the provisions above.
V. RESOLUTIONS
Item 19. (Policy Applicable)
The Panel shall decide the request for dispute resolution of domain names in accordance with the Policy, these Rules, and the rules and principles of law that it deems applicable.
Article 20. (Form and notification of decisions)
A. The final decision will be forwarded to the Dispute Resolution Center, within seven (7) days after the end of the dispute resolution procedure.
B. In the resolution the date on which it was made, the reasons on which it is based and shall be signed digitally or in writing. The Panel may consult with the Dispute Resolution Center on issues of form concerning the resolution.
C. As soon as possible, once the Panel has referred the decision to the Dispute Resolution Center, it's each party shall notify the Administrator in order to carry out its implementation.
D. Unless the Panel determines otherwise, the Center on Dispute Resolution Center will publish the resolution on a website accessible by the public.
Article 21. (Withdrawal of the demand for agreement between the parties or other grounds for termination)
A. If the parties reach an agreement before the adoption of the resolution of the Panel, it shall terminate the administrative proceeding.
B. If the proceeding is unnecessary or impossible for any reason prior to the adoption of the resolution of the Panel, it shall terminate the proceedings, unless a party raises justifiable grounds for objection within a period specified by the Panel.
Article 22. (Effect of judicial proceedings)
A. In the event that legal proceedings initiated prior to or during the resolution of proceedings in respect of a dispute over domain name that is the subject of the request for resolution of disputes, Panel shall be empowered to decide whether to suspend or terminate the proceeding or continuing with them until a decision.
B. In the event that a Party initiates any legal proceedings during the pendency of proceedings in respect of a dispute over domain names that is the subject of an application for dispute resolution, shall promptly notify the Panel of Experts and the Center for Dispute Resolution.
Article 23. (Fees)
A. The request for dispute resolution of domain names shall be subject to payment by the claimant to the Dispute Resolution Center of a fixed rate in accordance with the rates published by the Center for Resolution of Disputes in effect at the time of filing resolution.
B. The rate shall consist of: i. Administrative costs of the Dispute Resolution Center, which may not be repaid, and ii. Administrative costs of the Group of Experts not be reimbursed after the appointment of that group.
C. Resolution Center will not take any action on applications for resolution of disputes concerning domain names until you have received the rate specified in paragraph A of Article 23 of this document.
D. If the Dispute Resolution Center has not received payment of the administrative fee within seven (7) days from the shipment prior payment reminder will be deemed to have withdrawn the request for dispute resolution of domain names.
